Ignorantia juris non excusat

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In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.

Contents

European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: nemo censetur ignorare legem ("nobody is thought to be ignorant of the law") or ignorantia iuris nocet ("not knowing the law is harmful").[ citation needed ]

Explanation

The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this is the price paid to ensure that willful blindness cannot become the basis of exculpation. Thus, it is well settled that persons engaged in any undertakings outside what is common for a normal person will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability.

The doctrine assumes that the law in question has been properly promulgated—published and distributed, for example, by being printed in a government gazette, made available over the Internet, or printed in volumes available for sale to the public at affordable prices. In the ancient phrase of Gratian, Leges instituuntur cum promulgantur ("Laws are instituted when they are promulgated"). [3] In order that a law obtain the binding force which is proper to a law, it must be applied to the men who have to be ruled by it. Such application is made by their being given notice by promulgation. A law can bind only when it is reasonably possible for those to whom it applies to acquire knowledge of it in order to observe it, even if actual knowledge of the law is absent for a particular individual. A secret law is no law at all.

In criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. For example, in one Canadian case, a person was charged with being in possession of gambling devices after they had been advised by customs officials that it was legal to import such devices into Canada. [4] Although the defendant was convicted, the sentence was an absolute discharge.

In addition, there were, particularly in the days before satellite communication and cellular phones, persons who could genuinely be ignorant of the law due to distance or isolation. For example, in a case in British Columbia, four hunters were acquitted of game offenses where the law was changed during the period they were in the wilderness hunting. [5] Another case, in early English law, involved a seaman on a clipper before the invention of radio who had shot another. Although he was found guilty, he was pardoned, as the law had been changed while he was at sea. [6]

Although ignorance of the law, like other mistakes of law, is not a defence, a mistake of fact may well be, depending on the circumstances: that is, the false but sincerely held belief in a factual state of affairs which, had it been the case, would have made the conduct innocent in law.

In literature

The doctrine, "Ignorance of the law is no excuse", first shows up in the Bible in Leviticus 5:17: "If a person sins and does what is forbidden in any of the LORD's commands, even though he does not know it, he is guilty and will be held responsible." An alternate explanation of the origin of the maxim, though not particularly relevant to the modern context, can be found in the philosophy of the Greeks and Romans. Such were cultures heavily influenced by customary legal systems. Within such a system, law is learned as a person participates in the culture and customs of the community. Thus it is unreasonable to believe a person could have avoided learning them. These rules and customs were also interwoven with ethical and religious dialogue so that laws expressed what is right and that which is not. We find that Cicero wrote the following in De re publica (On the Republic):

There is a true law, right reason, agreeable to nature, known to all men, constant and eternal, which calls to duty by its precepts, deters from evil by its prohibition. This law cannot be departed from without guilt. Nor is there one law at Rome and another at Athens, one thing now and another afterward; but the same law, unchanging and eternal, binds all races of man and all times.

Minos (attributed to Plato) states the following conversation between Socrates and his companion:

Socrates
Come then, do you consider just things to be unjust and unjust things just, or just things to be just and unjust things unjust?
Companion
I consider just things to be just, and unjust things unjust. [7]
Socrates
And are they so considered among all men elsewhere as they are here?
Companion
Yes.

. . .

Socrates
Are things that weigh more considered heavier here, and things that weigh less lighter, or the contrary?
Companion
No, those that weigh more are considered heavier, and those that weigh less lighter.
Socrates
And is it so in Carthage also, and in Lycaea?
Companion
Yes.
Socrates
Noble things, it would seem, are everywhere considered noble, [8] and base things base; not base things noble or noble things base.
Companion
That is so.

Translation

Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not know of it. It has also been defined as the "prohibition of ignorance of the law".

The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat.

The essential public character of a law requires that the law, once properly promulgated, must apply to anyone in the jurisdiction where the law applies. Thus, no one can justify his conduct on the grounds that he was not aware of the law.

Generally, a convention exists by which the laws are issued and rendered accessible by methods, authors and means that are simple and well known: the law is readable in certain places (some systems prescribe that a collection of the laws is copied in every local city council), is made by certain authorities (usually sovereign, government, parliament, and derivative bodies), and enters into effect in certain ways (many systems for instance prescribe a certain number of days - often 15 - after issue). This is commonly intended as a constitutional regulation, and in fact many constitutions or statutes exactly describe the correct procedures.

However, some recent interpretations weaken this concept. Particularly in civil law, regard can be had to the difficulty of being informed of the existence of a law considering the lifestyle of the average citizen. On the penal side, the quality of the knowledge of the law can affect the evaluation of the animus nocendi or the mens rea, in that certain subjective conditions can weaken personal responsibility.

The theme was widely discussed, also for political reasons, at the time of the Enlightenment and in the 18th century, given the heavy proportion of illiterate citizens in European countries (who would have some difficulties being aware of all the laws in a country). It was then argued that both the presumed knowledge and the heavily increasing corpus of national legislation were working in favour of lawyers rather than citizens.

In recent times, some authors have considered this concept as an extension of (or at least as analogous to) the other ancient concept (typical of criminal law) that no one can be punished under a law that was issued after the action was committed (non-retroactivity of the law. See ex post facto). This interpretation is however disputed, given that the matter would hierarchically more properly refer to a constitutional doctrine rather than to a civil or penal one.

Some modern criminal statutes contain language such as stipulating that the act must be done "knowingly and wittingly" or "with unlawful intent", or some similar language. However, this does not refer to ignorance of laws, but having criminal intent.

Statutory law

This principle is also stated in statutes:

Exceptions

In some jurisdictions, there are exceptions to the general rule that ignorance of the law is not a valid defense. For example, under U.S. Federal criminal tax law, the element of willfulness required by the provisions of the Internal Revenue Code has been ruled by the courts to correspond to a "voluntary, intentional violation of a known legal duty" under which an "actual good faith belief based on a misunderstanding caused by the complexity of the tax law" is a valid legal defense. See Cheek v. United States . [13] [14] [15]

In Lambert v. California (1957), the Supreme Court of the United States ruled that a person who is unaware of a malum prohibitum law cannot be convicted of violating it if there was no probability he could have known the law existed. It was subsequently ruled in United States v. Freed (1971) that this exception does not apply when a reasonable person would expect their actions to be regulated, such as when possessing narcotics or dangerous weapons. [16]

In Heien v. North Carolina (2014), the Supreme Court held that even if a police officer incorrectly believes that a person has violated the law due to a mistaken understanding of the law, the officer's "reasonable suspicion" that a law was being broken does not violate the Fourth Amendment. [17]

See also

Related Research Articles

The following outline is provided as an overview of and introduction to law:

In criminal law, mens rea is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus before the defendant can be found guilty.

In American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case. Exculpation is a related concept which reduces or extinguishes a person's culpability, such as their liability to pay compensation to the victim of a tort in the civil law.

Tax noncompliance is a range of activities that are unfavorable to a government's tax system. This may include tax avoidance, which is tax reduction by legal means, and tax evasion which is the illegal non-payment of tax liabilities. The use of the term "noncompliance" is used differently by different authors. Its most general use describes non-compliant behaviors with respect to different institutional rules resulting in what Edgar L. Feige calls unobserved economies. Non-compliance with fiscal rules of taxation gives rise to unreported income and a tax gap that Feige estimates to be in the neighborhood of $500 billion annually for the United States.

In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In United States v. Jewell, the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.

A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue.

In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is.

In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society.

In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse. All laws are published and available for study in all developed states. The said imputation might also be termed "fair notice." The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently.

Cheek v. United States, 498 U.S. 192 (1991), was a United States Supreme Court case in which the Court reversed the conviction of John L. Cheek, a tax protester, for willful failure to file tax returns and tax evasion. The Court held that an actual good-faith belief that one is not violating the tax law, based on a misunderstanding caused by the complexity of the tax law, negates willfulness, even if that belief is irrational or unreasonable. The Court also ruled that an actual belief that the tax law is invalid or unconstitutional is not a good faith belief based on a misunderstanding caused by the complexity of the tax law, and is not a defense.

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<i>R v Jorgensen</i> Supreme Court of Canada case

R v Jorgensen, [1995] 4 S.C.R. 55 is a Supreme Court of Canada decision on the knowledge requirement for criminal offences. The Court held that the offence of "knowingly" selling obscene materials requires that the accused be aware that the dominant characteristic of the material was the exploitation of sex and that he knew of the specific acts which made material obscene. Where the accused has a suspicion of the dominant characteristics or specific acts of the material but decided not to make any further inquiries then the accused will be deemed to have known of the material's content. This decision confirms much of what was held in the earlier case of R. v. Sansregret.

<span class="mw-page-title-main">Guilt (law)</span> State of being responsible for a crime per the states rules

In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being factually guilty of a criminal offense means that one has committed a violation of criminal law or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body after the determination of the facts by a finder of fact or "factfinder" and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial, a judge acts as both the court of law and the factfinder, whereas in a jury trial, the jury is the trier of fact and the judge acts only as the trier of law.

<i>Minos</i> (dialogue)

Minos is purported to be one of the dialogues of Plato. It features Socrates and a companion who together attempt to find a definition of "law".

Ignorance is a state of being uninformed.

Lambert v. California, 355 U.S. 225 (1957), was a United States Supreme Court case regarding the defense of ignorance of the law when there is no legal notice. The court held that when one is required to register one's presence, failure to register may be punished only when there is a probability that the accused party had knowledge of the law before committing the crime of failing to register.

In law, knowledge is one of the degrees of mens rea that constitute part of a crime. For example, in English law, the offense of knowingly being a passenger in a vehicle taken without consent (TWOC) requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without consent.

In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of neglect.

<i>Re Diplock</i> English legal case

Re Diplock or Chichester Diocesan Fund and Board of Finance Inc v Simpson [1944] AC 341 is an English trusts law and unjust enrichment case, concerning tracing and an action for money had and received.

In the canon law of the Catholic Church, the computation of time, also translated as the reckoning of time, is the manner by which legally-specified periods of time are calculated according to the norm of the canons on the computation of time. The application of laws frequently involves a question of time: generally three months must elapse after their promulgation before they go into effect; some obligations have to be fulfilled within a certain number of days, or weeks, or months. Hence the need of the rules for the computation of time.

References

  1. Black's Law Dictionary , 5th Edition, pg. 672
  2. Black's Law Dictionary , 5th Edition, pg. 673
  3. Gratian, Decretum, Distinctio 4, dictum post c.3
  4. R v Potter (1978), 39 CCC (2d) 538, 3 CR (3d) 154 (PEISC).
  5. Rex v. Ross (1944) 84 C.C.C. 107. British Columbia County Court.
  6. Rex v. Bailey (1800) Russ & Ry 1, 168 E.R. 651
  7. "Plato, Minos, section 315e". www.perseus.tufts.edu.
  8. "Plato, Minos, section 316a". www.perseus.tufts.edu.
  9. Law-Decree 4.657 (compiled), Law of Introduction to Brazilian Law Norms
  10. Law-Decree 2.848 (compiled), Brazilian Criminal Code.
  11. Criminal Code, RSC 1985, c C-34, s 19.
  12. "Republic Act No. 386 | GOVPH". Official Gazette of the Republic of the Philippines. Retrieved 2018-10-15.
  13. Jon Strauss, "Nonpayment of Taxes: When Ignorance of the Law Is an Excuse", 25 Akron Law Review 611 (Winter/Spring 1992).
  14. Mark C. Winings, "Ignorance Is Bliss Especially for the Tax Evader", 84 Journal of Criminal Law and Criminology 575, 582 (Northwestern Univ. School of Law, Fall 1993).
  15. Steven R. Toscher, Dennis L. Perez, Charles P. Rettig & Edward M. Robbins, Jr., Tax Crimes, Tax Management Portfolio, Volume 636, Bloomberg BNA (3d ed. 2012).
  16. Booke, A. F. II (1992). "When Ignorance of the Law Became an Excuse: Lambert and Its Progeny". American Journal of Criminal Law. 19 (2): 279–312. ISSN   0092-2315 . Retrieved 26 February 2019. Lambert, Freed, International Minerals, and Papachristou are important landmarks in criminal jurisprudence. Together they stand for the proposition that ignorance of the law will excuse the violation of a malum prohibitum law where there is neither constructive nor actual notice.
  17. Kendall, Brent (December 15, 2014). "Supreme Court Gives Police More Leeway in Traffic Stop Case". Wall Street Journal via www.wsj.com.

Bibliography